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(영문) 서울동부지방법원 2014.02.11 2013가단101952
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. On September 7, 201, between Nonparty B and the Defendant was concluded.

Reasons

1. Fact that there is no dispute over the basic facts [based for recognition], entry of Gap in the evidence as referred to in subparagraphs 1, 3, 4, 5, 9, 10 through 14, 16 through 19, 21, 22, Eul evidence as referred to in subparagraphs 2 through 5, and the purport of the whole pleadings;

A. On March 16, 2007, the Plaintiff entered into the instant lease agreement with Nonparty C, the former owner of the real estate listed in the separate sheet (hereinafter “instant apartment”) with respect to the upper floor part of the instant apartment among the apartment of this case, which is a multi-story apartment, with the lease deposit amounting to KRW 120 million, and the lease term from April 7, 2007 to September 15, 2009, and completed the move-in report on April 18, 2007.

After that, the Plaintiff increased the lease deposit to KRW 140 million on September 30, 2009, and the term of the lease contract was renewed as of September 30, 201 with the term of the lease contract extended to September 30, 201.

(Renewal Contract is concluded by the Plaintiff’s spouse D as lessee. On the other hand, the Plaintiff obtained a fixed date on October 26, 201 and October 27, 201 from each of the above lease agreements.

B. On November 11, 2010, Nonparty E entered into a lease agreement with respect to the lower-rise part of the instant apartment, which provides a lease deposit of KRW 185 million and the term of lease from December 15, 2010 to December 14, 2012, and Nonparty E entered into a move-in report on December 14, 2010 and resided in the Republic of Korea.

C. On July 1, 2011, Nonparty B purchased the instant apartment from C in the purchase price of KRW 500 million, and Nonparty B succeeded to KRW 325 million in the aggregate of KRW 140 million in the lease deposit repayment obligation against the Plaintiff and KRW 185 million in the lease deposit repayment obligation against Nonparty E with Nonparty E, and paid KRW 55 million in the remainder.

(However, B did not pay C the above amount of KRW 55 million). D.

On July 201, the Plaintiff notified C’s agent F and B that the instant lease contract will not be renewed, and B will end on August 201, 201, which is the date of termination of the lease contract.

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